JERAM KANJI PRAJAPATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Court on 5-8-2004 passed the following order :

(2.) When the matter is further taken up for hearing today Mr. Mankad the learned Advocate appearing for the respondent No. 3-Bank states that if this Court finds that opportunity of hearing was not given to the petitioner by the Tribunal before the impugned order is passed, the bank has no objection for remand. He further states that even the respondent-Bank was also not heard by the Tribunal before passing the impugned order.

(3.) Upon hearing the learned Advocates appearing for parties, it appears that there is no dispute on the point that as initially the Inquiry Officer in the inquiry under S. 93 fastened the responsibility upon the former President of the society, namely, Karsanbhai Narsibhai Umerpara, but he observed that since the former President has expired, his legal heirs shall be responsible. The legal heirs of deceased-Karsanbhai have preferred appeal before the Tribunal and in the proceedings in the appeal, the petitioner who is said to have purchased the property of the deceased was not impleaded as party. The Tribunal in the appeal has partly modified the order and has observed that the amount can be recovered from the property of the deceased and it is further ordered that in view of will of the deceased the property is received by petitioner Jeram Kanji Prajapati and, therefore, said amount can be recovered from the said property. In such a situation it was required by the Tribunal to give opportunity of hearing to the petitioner who is directly affected by the outcome of the appeal. As per the statement made by Mr. Mankad even the bank has also not been impleaded as party. Whether the bank is required to be impleaded as party or not is a separate question but if the amount is to be recovered from the property which is acquired by the petitioner under the will of the deceased, the petitioner was necessary party to the proceedings of appeal and the Tribunal could not have modified the order without giving hearing to the petitioner.